Criminal Law and Procedure

Learn how actus reus describes the prohibited act, omission, or conduct element of a criminal offense.

Allocution is the opportunity for a defendant to speak to the court before sentencing.

Understand arrest warrants, why probable cause matters, and how they differ from search warrants.

Bail revocation is the cancellation of pretrial release after alleged violations, new charges, or changed risk findings.

Learn what a bench warrant is and how it differs from other warrants in criminal procedure.

A criminal complaint is a charging document or sworn statement used to begin or support a criminal case in some courts.

Custodial interrogation is questioning by law enforcement after a person is in custody, a setting that can trigger Miranda protections.

Deferred adjudication is a criminal-case disposition where final judgment is delayed while the defendant completes court-ordered conditions.

Understand diversion as a process that may move a criminal case away from ordinary conviction and sentencing.

A diversion program is an alternative criminal case path that may allow charges to be dismissed or reduced after specified conditions are completed.

Exigent circumstances are urgent conditions that may justify certain law-enforcement actions without first obtaining a warrant.

Expungement is a legal process that can remove, seal, or limit public access to certain criminal records depending on the jurisdiction.

Understand mens rea as the required mental state for many criminal offenses.

A Miranda warning advises a suspect of key constitutional rights before custodial interrogation.

Learn what a nolo contendere plea means and how it differs from a guilty plea.

Learn how parole works as supervised release after incarceration and how it differs from probation.

Understand a criminal plea as the defendant's formal response to a charge.

A plea agreement is an agreement in which a defendant resolves criminal charges by entering a plea under stated terms.

A plea colloquy is the court's questioning to confirm that a defendant's plea is knowing, voluntary, and supported by required information.

Learn how preliminary hearings test whether a criminal case has enough support to move forward.

A presentence investigation report gives the court background information before sentencing in a criminal case.

Pretrial release allows a criminal defendant to remain out of custody under stated conditions while the case is pending.

A probable cause hearing is a proceeding where a court evaluates whether there is enough basis for a criminal charge, detention, or further proceedings.

Understand probation as a sentencing option that lets a person remain in the community under court conditions.

A probation violation is an alleged failure to comply with the conditions of probation.

A restitution order requires a defendant to pay money tied to losses caused by the offense or conduct covered by the case.

A search warrant affidavit is a sworn statement used to support probable cause for a requested search warrant.

A suppression hearing is a court hearing where a judge decides whether challenged evidence should be excluded from a criminal case.

A suppression motion asks the court to exclude evidence from use in a criminal case because of an alleged legal violation.

A warrantless search is a search conducted without a search warrant, often requiring a recognized exception to be lawful.

An arraignment is an early court appearance where charges are presented and the defendant is asked to enter a plea.

Bail is the mechanism courts use to decide whether a defendant may remain out of custody while a criminal case is pending and on what conditions.

A conviction is the formal finding that a defendant is guilty of a criminal offense.

A criminal charge is the formal accusation that a person committed a crime.

Core criminal-law vocabulary covering charges, pretrial procedure, constitutional safeguards, trial standards, and common prosecution terms.

Double jeopardy is the constitutional protection against being prosecuted or punished more than once in certain ways for the same offense.

The exclusionary rule is the principle that some evidence obtained in violation of constitutional protections may be kept out of court.

A felony is a more serious category of crime that usually carries heavier penalties and more formal criminal procedure consequences than a misdemeanor.

A grand jury is a body that evaluates whether sufficient grounds exist to bring certain criminal charges.

An indictment is a formal criminal charge, often issued after grand jury review, accusing a person of a serious offense.

Miranda rights are the warnings police must generally give before custodial interrogation so a suspect understands key constitutional protections.

A misdemeanor is a lower-level criminal offense that usually carries lighter penalties and fewer severe collateral consequences than a felony.

A motion to suppress asks the court to exclude evidence that was obtained or handled in violation of legal rules.

A plea bargain is a negotiated criminal-case resolution in which the defendant agrees to plead guilty or no contest under agreed terms.

The presumption of innocence means a defendant starts a criminal case as legally not proved guilty unless the prosecution meets its burden.

Probable cause is the level of factual justification that usually supports arrests, search warrants, and some criminal charging decisions.

Reasonable doubt is the level of uncertainty that prevents a criminal conviction under the highest standard of proof.

Reasonable suspicion is a lower legal threshold than probable cause and can justify limited investigative police action in some circumstances.

A search warrant is a judicial authorization allowing law enforcement to search a place, person, or item for evidence based on probable cause.

Self-incrimination refers to being compelled to provide testimony or statements that could help establish one's own criminal liability.

Sentencing is the stage of a criminal case in which the court determines the punishment or other consequences after conviction.